Business
Why South African Employers Are Being Warned About After-Hours Contact
The world of work is shifting, and South African employers are being told to pay attention. Legal experts have flagged that the global movement towards a formal “right to disconnect” is reshaping workplaces in countries as far apart as France, Brazil, Italy, and, most recently, Australia. While South Africa has not moved in this direction yet, companies here are being urged to act before the law does.
What is the right to disconnect?
The idea is simple. Workers have the legal right to switch off when their day ends and to ignore emails, WhatsApps, or calls from their bosses until the next shift begins. From late August 2025, Australians officially joined that list, with legislation giving employees the right to refuse to monitor or respond to employer contact outside core hours unless doing so is deemed reasonable.
Although no such law exists in South Africa, the warning is clear. Employers that expect staff to be available around the clock could soon find themselves out of step with global labour standards and, eventually, local policy shifts.
Why South Africa is different
According to employment law specialists at Cliffe Dekker Hofmeyr, it would be difficult to legislate a one-size-fits-all right to disconnect here. Most of the country’s workers already operate under fixed schedules that limit overtime through the Basic Conditions of Employment Act. For those earning below R261,748 a year, overtime is capped, meaning the law already protects them from endless hours.
But at the other end of the spectrum, corporate employees earning above the threshold often face murkier arrangements. Work hours and expectations for these roles are usually set out in contracts, and the higher the seniority, the greater the pressure to remain “always on.”
Technology, burnout, and blurred lines
If the concept feels familiar, it is because technology has dramatically changed work culture. Smartphones, remote work, and flexible hours, accelerated by the Covid era, have made it normal for employees to field messages at dinner or on weekends. The result has been burnout, rising calls for balance, and growing demand for mental health awareness in the workplace.
This demand does not always come through strikes or protests. Instead, it shows up in job interviews, where candidates want clarity on work-life boundaries before they sign on. For employers competing for top talent, clear policies on after-hours communication are increasingly seen as a drawcard.
Why businesses should act now
The advice from CDH’s legal experts is straightforward: do not wait for Parliament. Companies should review their policies today, define exactly what after-hours contact looks like, and make sure it is fair and transparent. Doing so creates a win-win: employees enjoy better balance, and employers boost their reputation while preparing for any future legislation.
Adopting these practices also aligns South African businesses with global norms, which matters for companies operating internationally. More importantly, it ensures workplaces here take employee well-being seriously rather than treating it as an afterthought.
A reality check for the boardroom
Even if South Africa is unlikely to pass right-to-disconnect laws soon, the writing is on the wall. Employers who embrace these principles early will find themselves more resilient, more attractive to staff, and better equipped if and when the law catches up.
Also read: The End of the Green ID: How Home Affairs is Going Digital
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Source: Business Tech
Featured Image: Labour Guide
